[2019] KEELC 4983 (KLR)
The court held that since the respondent was sued in his individual capacity and had passed away, the suit could not continue. The law does not permit proceedings to continue against a deceased individual where no substitution has been made. The suit therefore abated and was marked as closed, with no further steps...
Source-derived case information.
- Citation
- [2019] KEELC 4983 (KLR)
- Parties
- Applicant: Kenya Hotels & Allied Workers Union; Respondent: Director Classic Hotel
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 196 of 2017
- Procedural Posture
- Employment Claim / Ruling on Abatement Due to Death of Respondent
- Outcome
- Suit abated and marked as closed. No order as to costs.
- Judges
- AN Makau
- Legal Topics
- Abatement of Suit, Death of Party, Suit Against Individual, Continuation of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Hotels & Allied Workers Union
Applicant
Director Classic Hotel
Respondent
Procedural Posture
Employment Claim / Ruling on Abatement Due to Death of Respondent
Legal Issues
- 1 Whether the suit can continue after the death of the respondent who was sued in his individual capacity.
- 2 Whether the suit abates upon the death of the sole respondent.
Ratio Decidendi
The court held that since the respondent was sued in his individual capacity and had passed away, the suit could not continue. The law does not permit proceedings to continue against a deceased individual where no substitution has been made. The suit therefore abated and was marked as closed, with no further steps possible.
Court Disposition
Suit abated and marked as closed. No order as to costs.
Orders
- The suit is marked as closed having abated.
- There is no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CASE NO. 196 OF 2017
KENYA HOTELS & ALLIED
WORKERS UNION....................................................................CLAIMANT
VERSUS
DIRECTOR CLASSIC HOTEL...........................................RESPONDENT
RULING
1. The Claimant sued the Director Classic Court Hotel on 6th November 2015 seeking remedies against the Respondent on behalf of 2 Grievants. During the pendency of the suit, the Director passed away. The Respondent’s advocate withdrew citing lack of instructions as his client had passed away.
2. The Claimant sought to continue with the suit but in law this is untenable. The Claimant’s suit abated and there is no further step that we can take. The Claimant sued an individual and not a corporate entity thereby complicating the suit further. The suit cannot continue and is therefore marked as closed having abated. There is no order as to costs.
It is so ordered.
Dated and delivered at Nyeri this 22nd day of January 2019
Nzioki wa Makau
JUDGE
I certify that this is a true
copy of the original
DEPUTY REGISTRAR